James and Snipper and Ors

Rees J heard an application concerning interim property distribution and spousal maintenance between Mr James (the husband) and Ms Snipper (the wife). The husband sought orders for interim property distribution, while the wife sought interim spousal maintenance.

The court was required to determine whether to grant the husband's application for interim property distribution, the appropriate quantum and method of payment for interim spousal maintenance, and the arrangements for valuing certain company interests and reporting on the wife's reasonable remuneration.

Rees J dismissed the husband's application for interim property distribution. The court ordered the discharge of a previous order concerning property distribution. Crucially, the court ordered the husband to pay interim spousal maintenance to the wife in the sum of $2,657 per week. To facilitate this payment, the court ordered that a third respondent company pay the wife a determined amount from money otherwise payable to the husband by way of company drawings, and 35 per cent of any balance of undistributed profit payments. The court also directed the husband to provide names of experts for valuing his interest in Company C and shares in A Pty Limited, and for reporting on the wife's reasonable remuneration, with the costs of these experts to be shared equally in the first instance.